WRIT PETITION 12886 of 2013 on 14 July 1993

ORDER

Heard Mr.ARL.Sundaresan, learned Senior Counsel appearingfor M/s.AL.Ganthimathi, learned counsel for the petitioner andMr.B.Anand, learned Government Advocate appearing forrespondents 1 to 4 and Mr.K.Mahendran, learned counsel for the

5th respondent and perused the materials available on record.

2. The petitioner has come forward with this writ petitionfor issuance of writ of mandamus forbearing the respondents fromin any manner interfering with his property of an extent of 3522Sq.ft., in Survey No.559/A in Gumudipoondi Village.

3. According to the petitioner, the land referred supra is apatta land. It was originally owned by oneMrs.Rampariammal, by virtue of sale deed, dated 29.05.1959,registered as Doc.No.1694 of 1959 on the file of the Sub-Registrar, Ponneri. Thereafter, on 01.02.1969, the saidMrs.Rampariyammal purchased another extent in the same surveynumber, which was registered as Doc.No.207 of 1961. Thepetitioner became the absolute owner of the said property byregistered sale deeds, dated 02.07.1992, 14.07.1993 and09.02.1994.

4. The learned Senior Counsel for the petitioner wouldsubmit that the petitioner has put up a small building, whichwas also assessed by the respondent-Panchayat for the year 1993-94. It is further submitted that the Division Bench of thisCourt in W.P.No.11628 of 2017 directed the Executive Officer,Gumudipoondi Town Panchayat to initiate appropriate action inaccordance with law for removal of encroachment, which isClassified as Chatram land. However, without issuing notice, anattempt was made by the respondents to dispossess the petitioner.

5. Per contra, the learned Government Advocate would submitthat in the Revenue Record, the land in Survey No.559/A has beenclassified as Chatram land and the Division Bench of this Courtin W.P.No.22556 of 2010 issued direction to the respondents toremove encroachment within a period of six weeks. In view ofthe order of the Division Bench, the respondents startedevicting the encroachers. At this juncture, this writ petitionhas been filed. It is further submitted that there is no meritin this writ petition and it has to be dismissed.

6. Though the petitioner claims right over the property,based on the registered sale deeds from 29.05.1959, but the landin dispute has been admittedly classified as Chatram land in theRevenue Records. The Division Bench of this Court by an orderdated 31.10.2017, in W.P.No.11628 of 2017 directed the ExecutiveOfficer, Gummudipoondi Town Panchayat to evict the encroachersby following the procedures established by law. However, itseems that no opportunity was given to the petitioner.

7. Since the Division Bench in the earlier writ petitionissued direction to the local body to evict the encroachers byfollowing the procedure established by law, the third respondentis bound to act as per the direction of this Court. In such view

of the matter, this writ petition is disposed of directing thethird respondent to evict the encroachers, in the land indispute by following the procedures in the Tamil Nadu LandEncroachment Act. The entire exercise shall be completed withina period of three months from the date of receipt of a copy ofthis order and it is needless to say that the petitioner shallextend full co-operation for the disposal of the case.Accordingly, the writ petition is disposed of. No costs.Consequently, connected miscellaneous petitions are closed.

s/d-

Assistant Registrar(CS-V)

True Copy

Sub-Assistant Registrar

pvsTo1.The District Collector,Thiruvallur District, Thiruvallur.2.The Revenue Divisional Officer,Ponneri – 601 204, Thiruvallur District. 3. The Tahsildar,Gumudipoondi Panchayat,Thiruvallur District-601 201. 4. The Executive Officer,Gumudipoondi Town Panchayat,Gumudipoondi-601 201.

W.P.No.12886 of 2013

GJII(CO)SRG(27/09/2018)